How much of someone's wages can I garnish in the US?
Federal law (the Consumer Credit Protection Act) caps garnishment at the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage. Many states are stricter — New York limits it to 10% of gross, Illinois to 15%, and Texas and Pennsylvania prohibit wage garnishment for most consumer debts entirely.
Which states do not allow wage garnishment?
Texas, Pennsylvania, North Carolina, and South Carolina generally do not permit wage garnishment for ordinary consumer debts. In those states creditors rely on bank account levies and liens against real property to collect a judgment.
How long does it take to collect through garnishment?
Divide the total judgment (plus interest) by the amount garnishable each pay period. A 25% garnishment of a modest paycheck against a several-thousand-dollar judgment can take many months. This calculator estimates the number of pay periods and months required.
What is the head-of-household exemption?
Some states, notably Florida, fully exempt the wages of a person who provides more than half the support of a dependent, unless the debtor agreed in writing to the garnishment. This can make wage garnishment unavailable even where the general 25% cap would otherwise apply.